Fulton County Jury Awards $50,000 in Motor Vehicle Negligence

On August 28, 2016, a driver negligently operated a motor vehicle, causing a collision that resulted in injuries to an individual. The injured party incurred approximately $122,563.65 in medical expenses. The injured party received $50,000 from the at-fault driver's insurer and an additional $50,000 from their own insurer, State Farm Mutual Auto Insurance Company, under Uninsured/Under-Insured Motorist coverage.

On February 24, 2017, State Farm, acting as a subrogee of the injured party's rights under state law, filed a complaint against the negligent driver in Fulton County, Georgia. The plaintiff sought to recover the $50,000 paid to its insured, along with judgment, court costs, and post-judgment interest. The defendant responded by asserting various defenses, including claims that the plaintiff's recovery should be barred or reduced due to failure to mitigate damages, that the defendant had not acted in bad faith, that State Farm lacked standing, and that the claims were precluded by release, accord and satisfaction, and prior payment.

The case proceeded to trial. On February 27, 2019, a jury found in favor of State Farm on the negligence claim, rendering a verdict for $122,563.65. The final judgment against the defendant was initially $122,563.65, but this amount was subsequently reduced to $100,000 based on a Limited Liability Release. A $50,000 setoff was then applied for a prior payment made by Mid-Century Insurance Company, resulting in a final principal judgment of $50,000, in addition to court costs and interest.

The defendant filed a motion for a new trial, which the court denied on June 11, 2019. The defendant then filed a notice of appeal, but it was dismissed on October 15, 2019, by the State Court of Fulton County due to the defendant's inexcusable delay in paying costs and unreasonable delay in filing the trial transcript.